[Gllug] Broadband Fair Use Policy

[Jason Clifford]

On Sat, 2007-10-06 at 20:17 +0000, Chris Bell wrote:
>    Some ISPs specify either unlimited or a maximum amount of data transfer
> in a given period, but also mention a Fair Use Policy. Is a Fair Use Policy
> a legally binding term or condition when there are no stated specifications?
>    For example, BT mention a FUP when they advertise an unlimited download
> deal, but, I have not been able to locate any details on their website.

I would say not as for a term to be enforceable it has to be explicit or
sufficiently obvious in it's implicit details that you should reasonably
know it.

Unfortunately OFCOM and the ASA have both been horribly negligent in
their legal duties in this respect and have already ruled that such FUPs
are acceptable. 

I have however heard of a number of cases where people have successfully
argued that the terms are not enforceable when seeking to be released
without penalty from a contract upon being restricted by an unspecified
FUP.

Frankly to call something unlimited while imposing any find of FUP is
simply dishonest in my view. 

Jason

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